WVC 21 - 5 - 12
§21-5-12. Employees' remedies.
(a) Any person whose wages have not been paid in accord with
this article, or the commissioner or his designated
representative, upon the request of such person, may bring any
legal action necessary to collect a claim under this article.
With the consent of the employee, the commissioner shall have the
power to settle and adjust any claim to the same extent as might
the employee.

(b) The court in any action brought under this article may,
in the event that any judgment is awarded to the plaintiff or
plaintiffs, assess costs of the action, including reasonable
attorney fees against the defendant. Such attorney fees in the
case of actions brought under this section by the commissioner
shall be remitted by the commissioner to the treasurer of the
state. The commissioner shall not be required to pay the filing
fee or other costs or fees of any nature or to file bond or other
security of any nature in connection with such action or with
proceedings supplementary thereto, or as a condition precedent to
the availability to the commissioner of any process in aid of
such action or proceedings. The commissioner shall have power to
join various claimants in one claim or lien, and in case of suit
to join them in one cause of action.

Note: WV Code updated with legislation passed through the 2015 Regular Session
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